Date: 6 April 2022
Court/Tribunal: District Court of Queensland
Judicial Officer/Tribunal Member: Cash QC DCJ
Human Rights Act 2019 (Qld) Sections: ss 13, 19, 48
Rights Considered: Freedom of movement
Other Legislation: Domestic and Family Violence Protection Act 2012 (Qld); Domestic and Family Violence Protection Rules 2014 (Qld); Evidence Act 1977 (Qld); Uniform Civil Procedure Rules 1999 (Qld).
Keywords: Children and Families: Domestic violence

This case related to a decision concerning applications for protection orders by ex-partners involving their child. In one ground of the Appellant’s appeal, it was contended that the Appellant’s rights to freedom of movement (section 19) pursuant to the Human Rights Act 2019 (Qld) had been impermissibly restricted by the protection order granted against him. The Court upheld the orders of the Magistrate and considered that the Human Rights Act 2019 (Qld) explicitly recognises that rights may be subject to reasonable limits (section 13), as was necessary in these circumstances.

Visit the judgment: DLM v WER & The Commissioner of Police [2022] QDC 79